Db is going through a divorce, he cant afford the mortgage, what can he do?

[lollyheart]

He has moved out of the house and is renting elsewhere, he cant afford the morgage + his rent.
He wants to sell the house and start paying cm through csa, but she said she wont let anyone into the house to view it.

Where does he stand on this?, she is now getting is so would be able to get hb.

he doesn't have to pay the mortgage..

my ex moved out and I was left having to pay the mortgaage and bills etc ex payed maintenece and I had to sort out the finaces quick smartish and got a lodger (female student)

you db can go through the csa and it may be in his interests to work out how much he needs to pay of his wages net - 15% for one child, 20% for two chidlren and 25 % for three or more chidlren - get him to work out the amount and start putting it into her bank account

Also access to chidlren is not part of maintence and is not interconnected

has he thought about mediation? seeking advice form his own solicitor?

getting access arrangments sorted aswell would be good so children know they are seeign their dad and when

best of luck for him

He will need a court order to force the sale. I assume he is negotiating a financial settlement as part of the divorce? An agreement on what happens to the house should be part of this and a court may be reluctant to force a sale until this process is complete.

I suggest he talks to a solicitor.

I would not recommend stopping payments on the mortgage if it is in his name or joint names. The bank/building society can come after him for payment and it could end up affecting his credit record. His best move would be to talk to them about the situation. They may well agree to a payment holiday while the situation is being resolved. That will increase the amount owing on the mortgage but it will solve the immediate problem.

The finances must be sorted out as part of the divorce. That will include figuring out what happens to the house. His ex needs to remember that she will lose out if her actions end up reducing the value of the house. She may think she can keep the house and force him to pay the mortgage but it is unlikely to work like that.

If he hasn't already consulted a solicitor who specialises in family law he should do so as soon as possible.

Agree witih prh47. Not in his best interests to just stop paying mortgage as he may end up getting credit blacklisted. If an application for anciallary relief (finances) has not yet been issued he needs to think about doing so as this is the only way he is going to get an order for sale (if appropriate) if his wife will not agree.

He needs to instruct a family lawyer, ideally a member of Resolution